Intellectual Property Disputes Mediation

Mediate with an Experienced Intellectual Property Trial Lawyer

Intellectual Property Litigation Experience

Since starting his practice in 1997, Darin M. Klemchuk has handled over 1,000 intellectual property disputes (patent infringement, trademark infringement, unfair competition, copyright infringement, trade secret misappropriation, and other IP issues) involving litigation, IP enforcement actions, and anti-counterfeiting programs.  This experience has extended to a wide range of industries and includes a number of trials and arbitrations as well as obtaining and defending against injunctions in state and federal courts, primarily in the NDTX, EDTX, WDTX, and SDTX. 

Klemchuk’s honors include:

• “Super Lawyer,” 2008-2025, a Thomson Reuters service

• “Best Lawyers- Intellectual Property,” named by D Magazine, 2006-2024

• Hall of Fame “Best Lawyers” inaugural list, named by D Magazine, 2022

• The Best Lawyers in America® for Litigation - Intellectual Property and Litigation – Patent, 2020-2025

• “2013 Top Rated Lawyer in Intellectual Property Law”, 2013, American Lawyer Media

• “Best Lawyers Under 40,” named by D Magazine 2002, 2006

• “Rising Stars Under 40,” 2004, 2005, 2006, 2008, a Thomson Reuters service

• “Top Attorneys in Texas,” 2008, 2009, a Thomson Reuters service

Mediating Intellectual Property Disputes

Klemchuk’s skills and experience provide four unique benefits to parties wishing to resolve a dispute and avoid the expense of litigation. First, unlike many other mediators, he exclusively mediates intellectual property disputes. This allows the parties to benefit from over decades of IP litigation and trial experience.  Second, his litigation practice has been evenly balanced between IP enforcement and defense work, which demonstrates he does not have a bias towards plaintiff’s or defense work. Third, he has founded three multi-million-dollar businesses as an entrepreneur.  His success has largely been based on exemplary problem-solving skills, the ability to empathize with others, and collaboration toward a common goal — all of which he brings as a mediator to help the parties resolve their dispute.  Fourth, he has a professional coaching certification through Unbeatable Mind that has provided significant training on the inner game of conflict resolution.

Mediation Fee

Our fees are per day assuming two parties.

Mediations typically begin at 9:30 am and continue until 5:30 pm. Lunch is provided at no additional charge. The mediation fee includes preliminary analysis of the dispute and the confidential mediation statements provided by each side as well as potential pre-mediation calls with counsel. Some mediations may extend beyond the 8-hour time allotted for the mediation. If a mediation extends beyond the allotted time, the additional hours will be paid at $695/hour split equally by the parties.

Mediation fees will be split equally by each party. If there are more than two parties or a third room is required, an additional fee will be charged.

Half-Day Mediation Fee

While we do not believe that half-day mediations are typically effective, if requested, we will provide half-day mediations consisting of 4 hours, starting either at 9:30 am to 1:30 pm or 1:30 pm to 5:30 pm. The fee for a half-day mediation is 60% of the equivalent full-day fee.

Deadline for Mediation Fee Payment

The mediation fee is due from each party 7 days before the scheduled date of mediation. Failure to pay the mediation fee in advance of the mediation will result in cancellation.

Location for Mediation

In most circumstances, most mediations will be hosted at Engage Workspace for Lawyers, located at 8150 N. Central Expressway, 10th Floor, Dallas, Texas, 75206. However, we will consider traveling to the parties to conduct the mediation, which will incur additional fees related to travel expense.  We will also consider performing mediations on weekends.

Mediation Statements

Counsel for each party should submit a confidential mediation statement 3 business days before the mediation is scheduled. The statement should identify the strengths, weaknesses, previous roadblocks to settlement, and desired outcome for the party. In some circumstances, we will schedule pre-mediation calls to better understand the parties’ positions to facilitate settlement discussions quicker.

Cancellation or Rescheduling Policy

A cancellation or rescheduling fee will be charged equal to one half of the mediation fee if a mediation is canceled within 3 days or less before the scheduled mediation.  In the sole discretion of the mediator, the cancelation fee may be waived under such circumstances as a weather event, sickness, or some other unforeseen event.  In certain circumstances where we are able to reschedule the mediation within a reasonable time, the mediator may waive the cancellation fee.

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Intellectual Property Mediation FAQs

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Experience, Recognitions, and Qualifications

Darin M. Klemchuk, IP Mediator